People v. Parish
New York Supreme Court
Certiorari to Wayne oyer and terminer, where the defendant was convicted in September, 1845, of having obtained the property of Rice and Ladue by false pretences. The substance of the charge was, that Rice owned a farm of 72 acres of land in Potter, Yates county; and Ladue owned 220 acres of land in the state of Michigan.
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Certiorari to Wayne oyer and terminer, where the defendant was convicted in September, 1845, of having obtained the property of Rice and Ladue by false pretences. The substance of the charge was, that Rice owned a farm of 72 acres of land in Potter, Yates county; and Ladue owned 220 acres of land in the state of Michigan. In October, 1842, a negotiation was opened between Rice and Ladue on the one part, and the defendant of the other part, for the sale and purchase of those lands; and the defendant proposed to purchase, and pay for the same by assigning to Rice and Ladue two bonds and…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It was improper to give in evidence the representations made by Hadden, without first showing that he acted by the procurement of the defendant; and the exception to the evidence would have been fatal, had it not been for the instruction subsequently given to the jury, that the declarations of Hadden must be laid out of the case. I think that cured the error. It is undoubtedly true, as a general rule, that when improper evidence has been admitted, the objection will be fatal on a bill of exceptions, although we cannot see that it probably affected the verdict.…
2Cases cited1 opinion
- Haswell v. BussingNew York Supreme Court · 1813
3Cited by8 opinions
- Miller v. . BarberNew York Court of Appeals · 1876
- McCarney v. . People of the State of N.Y.New York Court of Appeals · 1881
- State v. FrakerSupreme Court of Missouri · 1899
- Carrere v. DunAppellate Terms of the Supreme Court of New York · 1896
- Page v. ParkerSupreme Court of New Hampshire · 1860
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